Can’t find the original paper Certificate of Title for your property? Not to worry, the title can be located or replaced by the Victorian titles’ office.
What is a Certificate of Title?
A Certificate of Title is the official record of who has interest and rights over a piece of land.
What’s the recovery process?
First, we need to issue a title search to determine if title is paper or electronic, and which who controls or possesses it.
If it is electronic, then it isn’t lost! It just means it is an electronic Certificate of Title.
The title search indicates who held the original Certificate of Title last. If it is paper, then we will reach out to any former lawyer or conveyancer, or bank or lender, on your behalf to locate the original Certificate of Title. You should also check any safety deposit boxes and safe custody envelopes, or anywhere you keep important documents.
What happens if we cannot uncover the original Certificate of Title?
If this process does not uncover the document, a legal professional can prepare and collect documentation for a lost title application on your behalf.
For the application, you will need to obtain a statutory declaration from all owner/s, detailing what happened to the original title after it was issued by Land Use Victoria. A statutory declaration is also required from any person who dealt with the original title, such as your lawyer or conveyancer.
Furthermore, you will need to conduct an identity verification, provide a copy of the Title Search and Issue Search, and provide copies of your most recent council rates for the application. Both the identity verification and document submission is done through PEXA.
What if there is mortgage on the title?
If there is a mortgage on the title then the title is usually held by the lender.
Alternatively, if there is no mortgage on the title, then you may have had possession of the original paper title. It is important for you to keep a paper title safe as you will need it to:
- sell your land,
- transfer your land, or
- obtain a mortgage
